The system is rigged against victims from the get-go. Let’s change the law.
OPINION | Ending sexual harassment in the television industry
Adapted from a story by The Washington Post’s opinions staff.
One best idea: Sexual harassment takes place everywhere. This is one in a series of posts about how various industries can change to stop sexual harassment. What’s your one best idea? Share it here.
Gretchen Carlson’s idea: Get rid of forced arbitration
Carlson, a former Fox News host, is the author of “Be Fierce: Stop Harassment and Take Your Power Back.”
Change the law. For a year I’ve worked with Congress to craft the Ending Forced Arbitration of Sexual Harassment Act, which gives victims the right to confront their harassers in court. A bipartisan group of senators and representatives is co-sponsoring this important legislation. It will make a huge difference in the lives of working women.
When my complaint against my former boss came out 17 months ago, I felt incredibly alone. I was wrong. Since I spoke up, thousands of women have courageously done the same. Every woman has a story, and we’re at a tipping point where real change is possible. It’s an empowerment revolution! But forced arbitration means no matter how many women speak up, the system is rigged against victims from the get-go.
Today, more than 60 million Americans have arbitration clauses in their employment contracts, eliminating their Seventh Amendment right to a jury trial. Arbitration clauses can be required as a condition of employment — and they’re a harasser’s best friend. Forced arbitration keeps proceedings secret and allows predators to stay in their jobs, even as victims are pushed out or fired. Forced arbitration also silences other victims, who might have stepped forward if they’d known.
These clauses are unjust and un-American, and the Ending Forced Arbitration of Sexual Harassment Act restores victims’ right to a jury trial. Under the act, victims can choose arbitration or court. This is the only way to ensure claims can be made public.
If we want to end workplace harassment, Congress must pass this law and get it to the president for signature. Sexual harassment is a bipartisan issue, because it impacts women from every walk of life. Trust me, harassers don’t ask your party affiliation before they pounce. And that’s why we should all care.
